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Interdictum De Homine Libero Exhibendo
The ''interdictum de homine libero exhibendo'' was a form of interdictum in Roman law ordering a man who unlawfully holds a free man as a slave to produce this man in court. In modern Roman-Dutch law it has been developed into a mechanism to challenge unlawful detention, equivalent to the writ of ''habeas corpus'' in English common law. Ancient Rome The Favian law (lex Fabi) made the purchase, sale, donation, or acceptance of a freeman, if done wittingly, a capital crime; and the pecuniary penalty provided by that law having fallen out of practice, those guilty of "plagiary", or man-stealing (which appears to have been a common offence, both as regarded slaves and freemen) were condemned to the mines for the delictum, a fine of twenty aurei, amputation of the hand, etc. The Salic law provided that nobles guilty of plagiary should be scourged and imprisoned, slaves and freedmen exposed to the beasts, and freemen decapitated. Roman-Dutch law In South Africa and other countries ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interdictum
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Decapitation
Decapitation is the total separation of the head from the body. Such an injury is invariably fatal to humans and all vertebrate animals, since it deprives the brain of oxygenated blood by way of severing through the jugular vein and common carotid artery, while all other organs are deprived of the autonomic nervous system, involuntary functions that are needed for the body to function. The term beheading refers to the act of deliberately decapitating a person, either as a means of murder or as an capital punishment, execution; it may be performed with an axe, sword, or knife, or by mechanical means such as a guillotine. An executioner who carries out executions by beheading is sometimes called a headsman. Accidental decapitation can be the result of an explosion, a car or industrial accident, improperly administered execution by hanging or other violent injury. The national laws of Saudi Arabia and Yemen permit beheading. Under Sharia in Nigeria, Sharia, which exclusively appl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin Legal Terminology
Latin ( or ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally spoken by the Latins in Latium (now known as Lazio), the lower Tiber area around Rome, Italy. Through the expansion of the Roman Republic, it became the dominant language in the Italian Peninsula and subsequently throughout the Roman Empire. It has greatly influenced many languages, including English, having contributed many words to the English lexicon, particularly after the Christianization of the Anglo-Saxons and the Norman Conquest. Latin roots appear frequently in the technical vocabulary used by fields such as theology, the sciences, medicine, and law. By the late Roman Republic, Old Latin had evolved into standardized Classical Latin. Vulgar Latin refers to the less prestigious colloquial registers, attested in inscriptions and some literary works such as those of the comic playwrights Plautus and Terence and the author Petronius. While ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bill Of Rights (South Africa)
Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, including the common law, and bind all branches of the government, including the national executive, Parliament, the judiciary, provincial governments, and municipal councils. Some provisions, such as those prohibiting unfair discrimination, also apply to the actions of private persons. History South Africa's first bill of rights was drafted primarily by Kader Asmal and Albie Sachs in 1988 from Asmal's home in Dublin, Ireland. The text was eventually contained in Chapter 3 of the transitional Constitution of 1993, which was drawn up as part of the negotiations to end apartheid. This "interim Bill of Rights", which came into force on 27 April 1994 (the date of the first non-racial election), was largely limited to civil and political rights ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prima Facie
''Prima facie'' (; ) is a Latin expression meaning "at first sight", or "based on first impression". The literal translation would be "at first face" or "at first appearance", from the feminine forms of ' ("first") and ' ("face"), both in the ablative case. In modern, colloquial, and conversational English, a common translation would be "on the face of it". The term ''prima facie'' is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, a reference to ''prima facie evidence'' denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a ''prima facie'' case to exist, following which proceedings may then commence to test it, and create a ruling. The similar ''ex facie'', ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Superior Court
In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts (see court of appeal). For courts of general jurisdiction in civil law system, see ordinary court. Etymology The term "superior court" has its origins in the English court system. The royal courts were the highest courts in the country, with what would now be termed supervisory jurisdiction over baronial and local courts. Decisions of those courts could be reviewed by the royal courts, as part of the Crown's role as the ultimate fountain of justice. The royal courts became known as the "superior courts", and lower courts whose decisions could be reviewed by the royal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, courts and Procedural law, procedures. The judiciary is judicial independence, independent, and legal principles like Procedural justice, fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Act of Parliament, Acts of Parliament, Statutory Instrument, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both United Kingdom l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Africa
South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic Ocean, South Atlantic and Indian Ocean; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; to the east and northeast by Mozambique and Eswatini; and it encloses Lesotho. Covering an area of , the country has Demographics of South Africa, a population of over 64 million people. Pretoria is the administrative capital, while Cape Town, as the seat of Parliament of South Africa, Parliament, is the legislative capital, and Bloemfontein is regarded as the judicial capital. The largest, most populous city is Johannesburg, followed by Cape Town and Durban. Cradle of Humankind, Archaeological findings suggest that various hominid species existed in South Africa about 2.5 million years ago, and modern humans inhabited the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Damnatio Ad Bestias
''Damnatio ad bestias'' (Latin for "condemnation to beasts") was a form of Roman capital punishment where the condemned person was killed by wild animals, usually Lion, lions or other Big cat, big cats. This form of execution, which first appeared during the Roman Republic around the 2nd century BC, had been part of a wider class of blood sports called ''Bestiarii''. The act of ''damnatio ad bestias'' was considered a common form of entertainment for the lower class citizens of Rome (plebeians). Killing by wild animals, such as Barbary lions, formed part of the inaugural games of the Flavian Amphitheatre in AD 80. Between the 1st and 3rd centuries AD, this penalty was also applied to the worst of criminals, runaway slaves, and Early Christianity, Christians. History The exact purpose of the early ''damnatio ad bestias'' is not known and might have been a religious sacrifice rather than a legal punishment, especially in the regions where lions existed naturally and were revered b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis for Civil law (legal system), legal practice throughout Western continental Europe, as well as in most former colonies of these European nations, including Latin America, and also in Ethiopia. English and Anglo-American common law were influenced also by Roman law, notably in their Latinate legal glossary. Eastern Europe was also influenced by the jurisprudence of the , especially in countries such as medieval Romania, which created a new legal system comprising a mixture of Roman and local law. After the dissolution of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Salic Law
The Salic law ( or ; ), also called the was the ancient Frankish Civil law (legal system), civil law code compiled around AD 500 by Clovis I, Clovis, the first Frankish King. The name may refer to the Salii, or "Salian Franks", but this is debated. The written text is in Late Latin, and contains some of the earliest known instances of Old Dutch. It remained the basis of Frankish law throughout the early Medieval period, and influenced future History of Western law, European legal systems. The best-known tenet of the old law is the principle of exclusion of women from inheritance of thrones, fiefs, and other property. The Salic laws were arbitrated by a committee appointed and empowered by the King of the Franks. Dozens of manuscripts dating from the sixth to eighth centuries and three emendations as late as the ninth century have survived. Salic law provided written codification of both civil law, such as the statutes governing inheritance, and criminal law, such as the punishme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amputation
Amputation is the removal of a Limb (anatomy), limb or other body part by Physical trauma, trauma, medical illness, or surgery. As a surgical measure, it is used to control pain or a disease process in the affected limb, such as cancer, malignancy or gangrene. In some cases, it is carried out on individuals as a Preventive healthcare, preventive surgery for such problems. A special case is that of congenital amputation, a congenital disorder, where fetus, fetal limbs have been cut off by constrictive bands. In some countries, judicial amputation is currently used punishment, to punish people who commit crimes. Amputation has also been used as a tactic in war and acts of terrorism; it may also occur as a war injury. In some cultures and religions, minor amputations or mutilations are considered a ritual accomplishment. When done by a person, the person executing the amputation is an amputator. The oldest evidence of this practice comes from a skeleton found buried in Liang Tebo c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
